Schneider request to vacate part of Kelly Lanelrts ccrY or
DUB E
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MEMORANDUM
January 9, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Portion of Kelly Lane
In response to a request from Jason M. Schneider to vacate a portion of Kelly Lane
between Manson Road and Pego Court, City Engineer Gus Psihoyos states that the
City has no plans for the utilization of that portion of Kelly Lane between Manson Road
and Pego Court proposed to be vacated, except for establishing a 10-foot wide utility
easement along the frontage, and recommends approval of the request to vacate. It is
further recommended that the purchase price be established at $300, plus platting,
publication, and filing fees, and that a public hearing be set for February 5, 2007.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THF. CITY OF
DuB E MEMORANDUM
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January 8, 2007
TO: Michael C. Van Milligen, City Mana e
FROM: Gus Psihoyos, City Engineer`~Sl~~
SUBJECT: Vacating Petition -Portion of Kelly Lane
INTRODUCTION
A request has been received from Jason M. Schneider for the vacating of a
portion of Kelly Lane between Manson Road and Pego Court.
DISCUSSION
The attached plat shows the proposed portion of Kelly Lane between Manson
Road and Pego Court to be vacated. The abutting property is owned by Jason
M. Schneider.
Additional right-of-way was purchased in 1996 for the reconstruction of Kelly
Lane. The roadway was widened and straightened in the area between Manson
Road and Pego Court. The alignment change moved the roadway northeasterly
in the area of the proposed vacating. This shift in roadway created excess right-
of-way on the southwesterly side of the road.
The area to be vacated varies from 5.5 feet wide to 40.7 feet. A 10-foot
easement for utilities will be reserved behind the new right-of-way line. The
remaining width of the right-of-way through this vacated section will be 50 feet.
The property has been valued at $300 for the cost to coordinate and process the
vacating, plus $100 for publication and filing fees. The property owner will be
responsible for the surveying and platting fees.
RECOMMENDATION
The City has no plans for the utilization of the portion of Kelly Lane between
Manson Road and Pego Court proposed to be vacated, except for establishing a
10-foot wide utility easement along the frontage.
I would recommend that the area indicated by Lot A and Lot B of Mineral Lot 511
in the City of Dubuque, Dubuque County, Iowa, as shown on the attached plat be
vacated, and that a public hearing be set for the disposition of the City's interest
in the subject area on February 5, 2007. I would further recommend that the
purchase price be established at $300, plus platting, publication, and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be set on the disposal of the property through the adoption of the
enclosed resolution.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO.
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT A AND LOT B OF MINERAL LOT 577 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Jason M. Schneider has requested the vacating and disposal of a
portion of Kelly Lane between Manson Road and Pego Court; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a plat
showing the vacated portion of Kelly Lane between Manson Road and Pego Court and
assigned lot numbers thereto, which hereinafter shall be known and described as Lot A
and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be
approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest
in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City
of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the
payment of $300.00, plus platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Passed, approved and adopted this day of , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 25-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT A AND LOT B OF MINERAL LOT 511 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Jason M. Schneider has requested the vacating and disposal of a
portion of Kelly Lane between Manson Road and Pego Court; and
Whereas, WHKS 8~ Co. has prepared and submitted to the City Council a plat
showing the vacated portion of Kelly Lane between Manson Road and Pego Court and
assigned lot numbers thereto, which hereinafter shall be known and described as Lot A
and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa, should be
approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest
in Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot A and Lot B of Mineral Lot 511 in the City
of Dubuque, Dubuque County, Iowa, to Jason M. Schneider be contingent upon the
payment of $300.00, plus platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Passed, approved and adopted this 16th day of January, 2007.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
VACATE OF A PORTION OF KELLY LANE
NORTH
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BETWEEN MANSON & PEGO
VICINITY MAP
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DRAWING MAV HAVE BEEN REDUCED
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PLAT OF SURVEY
LOT A AND LOT B OF MINERAL LOT 511
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FOR
VACATION OF A PORTION OF KELLY LANE RIGHT OF WAY ACQUISITION
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AREA SURVEYED: ~- y.;~;: ~
LOT A OF ML 511 3697 SO FT s ~~~ "'
LOT B OF ML 511 3353 SO FT ~~. C~.; ~-y,
BASIS OF BEARING ~ '%v~'
THE SOUTHWESTERLY LINE OF LOT A OF ML 511 ~~ "a
IS ASSUMED TO BEAR 544°46'25"E ~ ~' ~~_~;~.
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LEGEND
SURVEYED BOUNDARY LINE -
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PLACED T-BAR WITH CAP 9767 p
RECORD MEASUREMENT ( )
EASEMENT LINE - - - -
Survey Repuested By:
Jason M. Schneider
WHKS &~0.
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i nereoy cerury toot tnis lantl survey,ng Cocument w
~.Np r ontl the relotetl survey work was pertormaC Dy me orsuner~
.. ~. ~G~y, Eirecc personal supervision ontl that I am a tluly licensetl
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R
1 Lawrence A. Oyer
License Number 61
.~~'* a Date o! Survey: Dec ID, 2006
My license re wal tlate is December J1, 2006.
sneers c area Dy tnis sear i ontl z et 2
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Honorable Mayor and City Council
50 West 13`" Street
Dubuque,lA 52001-4845
RE: Vacate City Property
Dear Mayor and Council Members:
~~~~
~~~~
This letter is written to inquire about the possibility of purchasing a portion of a city
street/alley abutting my property ID#1501101009. I plan to use the vacated property
to better facilitate the placement of my home.
We have contacted the City Engineering Department and they have indicated a
favorable condition for the vacating but may need easements reserved for utilities.
We understand that the vacated area would need to be surveyed and platted at our
expense and a fee paid for the parcel, plus publication and filing fees. Please call me
at 262-689-3298 if you have questions.
Thank you for your consideration of this request.
Sincerely,
Jason `Jake' Schneidg~r
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